Appellate Division: Second Judicial Department

M192512

E/ct

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

JOSEPH J. MALTESE, JJ.

2013-02205 Shelley Mizrahi-Srour, respondent, v Albert Srour, appellant. (Index No. 55474/09)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Kings County, dated December 17, 2012, in effect, to recall and vacate so much of a decision and order on motion of this Court dated March 30, 2015, as directed him to serve and file a supplemental record containing certain trial exhibits, or, in the alternative, to compel the respondent's trial counsel to turn over the trial exhibits to him and to extend the time to serve and file the supplemental record.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is, in effect, to recall and vacate so much of the decision and order on motion of this Court dated March 30, 2015, as directed the appellant to serve and file a supplemental record containing certain trial exhibits is denied; and it is further,

ORDERED that the branch of the motion which is to compel the respondent's trial counsel to turn over the trial exhibits to the appellant is denied with leave to renew upon proper papers, including proof of service upon the respondent's trial counsel; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file the supplemental record is granted, and on or before July 20, 2015, the appellant shall serve and file a supplemental record containing trial exhibits not already contained in the record and the motion papers which resulted in the orders of the Supreme Court, Kings County, dated July 15, 2010, and November 21, 2011; and it is further,

ORDERED that on the Court's own motion, the appellant's time to remove pages 88 through 209, 239 through 246, and 1678 through 1826 from the copies of the record filed with the Clerk of the Court or serve and file a replacement record which omits the above material and contains all the trial exhibits is extended until June 22, 2015; and it is further,

ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is enlarged until August 19, 2015, and the respondent's brief must be served and filed on or before that date.

BALKIN, J.P., AUSTIN, MILLER and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court